New South Wales: Port Stephens Shire (Soldiers Point Public Reserve Land Sale) Act 1969 (NSW)

PORT STEPHENS SHIRE (SOLDIERS POINT PUBLIC RESERVE LAND SALE) ACT. New South Wales ANNO OCTAVO DECIMO ELIZABETH I REGINAE REX EKER KKK KK RRR ERK EE KR E KEK KK An Act to enable the Council of the Shire of Port Stephens to sell certain lands at Soldiers. Point and transfer the same free from all trusts affecting such lands; to amend tbe Local Government Act, 1919, as amended by sub- sequent Acts; and for purposes connected therewith. [Assented to, 17th April, 1969.] WHEREAS Port Stephens Shire (Soldiers Point Public Reserve Land Sale), HEREAS on the first day of January One thousand Elizabeth 1 nine hundred and fifty-five the Council of the Shire p.oonbie. of Port Stephens (hereinafter referred to as "the Council") entered into a contract for the purchase of Port Stephens Naval Base lands situate at Soldiers Point Port Stephens within the said Shire being land comprised in Certificate of 'Title Volume 4440 Folio 65: AND WHEREAS prior to completion of such purchase part of the said land was sub- divided providing (inter alia) at Soldiers Point two areas (each as public garden and recreation space) containing res- pectively 3 roods 15 perches and 3 roods 74 perches : AND WHEREAS the said plan of subdivision of lands at Soldiers Point was duly registered in the office of the Registrar- General as Deposited Plan 26875: AND WHEREAS by virtue of such registration and of the provisions of the Local Government Act, 1919, as amended, the Council became entitled to require the transfer to it of the said two areas : AND WHEREAS the said two areas (inter alia) were subse- quently transferred to and became vested in the Council for the purposes of public garden and recreation space: AND WHEREAS by Memorandum of Lease dated the first day of January One thousand nine hundred and _ sixty- three registered Number J480390 the Council leased the said two areas to the Trustees for the time being of the Soldiers Point Bowling Club (hereinafter referred to as "the Trustees") for a term of twenty years: AND WHEREAS the said two areas described as Lot 1 and Lots 3 and 4 respectively on Deposited Plan 512096 were separated by an area of land being Lot 2 on Deposited Plan 512096 the registered proprietor whereof was Charles Henry George : AND WHEREAS the separation of the said Lot 1 and Lots 3 and 4 rendered it difficult for the Soldiers Point Bowling Club to effectively use the said Lot 1 and Lots 3 and 4: AND WHEREAS by the Port Stephens Shire (Soldiers Point Public 'Garden and Recreation Space) Act, 1965, the Council was enabled to exchange Lot 4 on Deposited Plan 512096 for Lot 2 on Deposited Plan 512096 and thereafter the Council held Lots 1 and 2 and 3 on Deposited Plan 512096 being the whole of the land comprised in Certificates of 'Title Volume 9903 Folios 153, 154 and 155 for the purpose of Elizabeth 11 Short title. Port Stephens Shire (Soldiers Point Public Reserve Land Sale). of public garden and recreation space: AND WHEREAS the said Lease dated the first day of January One thousand nine hundred and sixty-three was surrendered by the Trustees to the Council and a new Lease Number L134792 dated the eighth day of December One thousand nine hundred and sixty-seven in respect of Lots 1 and 2 and 3 on Deposited Plan 512096 was granted by the Council to the Trustees for a term of twenty years: AND WHEREAS the said land and improvements erected thereon by the Trustees are valued at Seventeen thousand dollars of which the sum of Fourteen thousand seven hundred and forty dollars is attributed to improvements: AND WHEREAS the Trustees desire to further improve and develop the said land but by reason of their title to the land being leasehold only with its inherent limitations and deficiencies the implementation of these proposals is impeded : AND WHEREAS the Council has by a Contract of Sale bearing date the fifth day of January One thousand nine hundred and sixty-nine agreed to sell and the Trustees have agreed to buy the whole of the land comprised in Certificates of Title Volume 9903 Folios 153, 154 and 155 for the sum of Four thousand dollars subject to the approval of the Parliament of the State of New South Wales: AND WHEREAS the Council has no authority under the Local Government Act, 1919, as amended, to sell and transfer any part of a public reserve within the meaning of the said Act : AND WHEREAS it is expedient to authorise the Council to sell the said land and to transfer the same to the Trustees for such consideration and in accordance with the terms and conditions of the said contract entered into between them for an estate in fee simple freed and discharged from all trusts affecting the same: BE it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows : — J. This Act may be cited as the "Port Stephens Shire (Soldiers Point Public Reserve Land Sale) Act, 1969". 2. Port Stephens Shire (Soldiers Point Public Reserve Land Sale), 2. The Council of the Shire of Port Stephens is hereby Elizabeth IL authorised and empowered to sell and transfer the lands Authority described in the Schedule hereto and execute all instruments to sell and required to effect such transfer to the Trustees for the time transfer being of the Soldiers Point Bowling Club for the sum of Four thousand dollars in fee simple freed and discharged from all trusts affecting the same. 3. The proceeds of the sale shall be applied by the Council Application of the Shire of Port Stephens for the purpose of the improve- of Proceeds ment and development of public reserves within the Shire. SCHEDULE. Sec, 2. ALL THAT piece of land situate in the Shire of Port Stephens Parish of Tomaree and County of Gloucester being Lots 1, 2 and 3 on Deposited Plan 512096 and being the whole of the land comprised in Certificates of Title Volume 9903 Folios 153, 154 and 155.